posted at 5:41 pm on August 8, 2012 by Mary Katharine Ham

Fauquier County is only about an hour from the nation’s capital but it feels like a different world— rolling hills dotted with vineyards, idyllic horse farms, and stifling regulations and ridiculous penalties meted out by capricious bureaucrats. Wait, what?

Boneta already had a business license the county issued her in June 2011 that allowed her to operate a “retail farm shop” on her property. Her license application specifically noted her intention to sell handspun yarns, birdhouses, soaps and other handicrafts in addition to fresh vegetables, eggs, herbs and honey.

The following month, the Fauquier County Board of Supervisors changed the classification of “farm sales” to require a special administrative permit for activities that were in compliance with the ordinance just one month before. But documents received under the Freedom of Information Act showed that Boneta is the only farmer in Fauquier County who has ever been cited — even though the county’s own website lists dozens of farms that sell similar products to end-use customers.

Zoning Administrator Kimberley Johnson, who issued a cease-and-desist letter to Boneta, found a picture of the birthday party in question on Boneta’s Facebook, citing it as evidence of her wrongdoing.

The county is home to many small farmers making a living selling all the artisanal and local goods a growing yuppie needs, and they’re worried Fauquier’s unfriendly zoning administrator will continue to be bad for business. Farmers and their supporters rallied August 2 at a Board of Zoning Appeals meeting, where Boneta’s lawyer asked for reconsideration. She did not prevail, but the fight’s not over. Fauquier farmers believe the zoning rules are a violation of the state’s Right to Farm Act.

My friend Sean Malone was on hand for what the farmers called a Pitchfork Protest. Take a peek at the dangerous types Fauquier County is protecting its citizens from:

Fauquier this past week, though, passed a new county ordinance requiring wineries to close their doors at 6 p.m. and requiring them to pay the county for special permits for such things as extended hours and catered food. Because of one or two wineries where bacchanalia has caused grief for some neighbors, the county decided to punish all wineries…oh, and to make more money off its theft of liberty, too.

Keep it up, guys, and you’ll have nothing left to zone.

These local food regulation issues, where government frequently oversteps its bounds to “protect” us from delicious zucchinis and fresh milk, are a great way to illustrate to your liberal, locavore friends that an ever-expanding government might not always have their best interests at heart.

My wife and I keep trying to get our local Tea Party group to concentrate on local issues because of crap like this. But they’re so focused on national issues (’cause that’s sexier) that they can’t see how local overlords can be just as threatening to liberty.

The thing about zoning rules is that you can beat them if you find another case where the rule was not enforced, and then claim selective enforcement. That causes zoning boards to make whacked out rulings in order to avoid some useful rule being thrown out later.

Interestingly enough, where I live, the city administrtor was, not given an option to extend his contract with the city, after numerous complaints from local citizens concerning their perception of how the city adminsitrator enforced the wishes of the city council. I state again, the wishes and ordinances passed by the city council. Seems unhappy citizens expressing thie displeasure to the elected officials about the “conduct” of a hired employee, woke up the elected officials to actions of said employee of the city, and ho wthe city council’s actions were enforced. Seems to me, that maybe the citizens need to express their displeasure with the local elected county officials. The unelected employees are either enforcing the will of the officials or need to be brought back under control byu the ELECTED officials. Just saying…

You’ve got to admit, these county boards give the locals with aspirations of dictatorship a way to hone their skills. To say nothing of the added revenue they can extort under the guise of protecting the public.

Do you liberal nutjobs not see this is what you are supporting, or don’t you care at all?

If you support this kind of fascism, or don’t care, you’ll be on the losing end of the revolution, you realize this don’t you? Do you understand what “take no prisoners” means? I think you should figure it out before continuing to side with fascists like this.

In the old days, especially during hard times, people were encourage to raised some food and keep some laying hens. Now, more and more localities are making that illegal. Now they want to take away your independence and force you onto food stamps.

May I remind people here that Virginia has a GOP Governor and Legislature? How long can we persist in deluding ourselves that the regulatory state only belongs to the Democrats? How hard would it be for Gov McDonnell and the legislature to abolish agencies like these?

The truth is that the Republicans have been fighting strenuously, every advance of the corporatist regulatory state, and once they are defeated, accept the previous monstrosity of a legislation and look forward to the next defeat.

I looked at the elected officials Bio – Only one real lefty among them. Sounds like they need to open a can of Whuparse and fire a few government workers. Is this board really reading what the hell they pass? Take the county back from the stupid fools running it.

I remember reading something an ObamaNut (might have been a Czar- but it was somebody in the government) anyway… this person said something to the effect of “no detail of American’s lives is going to be too small to involve ourselves in… no detail too small to regulate.”

They are out to take over absolutely everything. Everything. They are going to regulate, control, seize, take over, confiscate, harass, tax, fine, tax, seize, regulate, tax. It will not stop. From lemon aid stands to birthday parties to how much water you use to shower with to how you deal with the ants that walk on your kitchen floor.. everything. Get ready for it.

I’m going to go out on a limb her and guess that the zoning board are Liberal, Democrats, and Obowma supporters…

Seven Percent Solution on August 8, 2012 at 5:50 PM

Don’t know about the zoning board yet; they haven’t decided on the case. This is currently on Kimberley Johnson’s record, which is one of urban planning before she rolled into the agrarian community. Dollars to donuts Johnson is part of the ObamiNation.

My wife and I keep trying to get our local Tea Party group to concentrate on local issues because of crap like this. But they’re so focused on national issues (’cause that’s sexier) that they can’t see how local overlords can be just as threatening to liberty.

Bitter Clinger on August 8, 2012 at 5:47 PM

Our tea party group has been fighting a lot at the local level, and I have been involved even though I am not officially a member of the tea party. we have a special committee for local, state and national issues. so we split it up.

We are midsouthteaparty. You can probably find it on the internet if you want to talk to one of our people to hear about some of what we do.

This issue actually was discussed in our local meetings (or some issue from this particular county in VA). If you want to find out what we do locally, send me a note at [email protected].

In the old days, especially during hard times, people were encourage to raised some food and keep some laying hens. Now, more and more localities are making that illegal. Now they want to take away your independence and force you onto food stamps.

Laurence on August 8, 2012 at 5:59 PM

This development is not without precedent. Check Kark Marx for reference. Farming was the easiest path to independence via the unchecked ability to produce. Mark Levin’s book Ameritopia is worth the read.

Fauquier this past week, though, passed a new county ordinance requiring wineries to close their doors at 6 p.m. and requiring them to pay the county for special permits for such things as extended hours and catered food.

This is a very conservative area with a county board that are all Republicans. It’s just proof that petty tyranny comes in all shapes and sizes.

AngusMc on August 8, 2012 at 6:24 PM

Petty tyranny is part and parcel of human nature. It is non-partisan, especially at the local level. A lowly alderman in Chicago tried to veto a Chick-Fil-A franchise in his ward. He has the power to do this and only backed down due to popular opinion.

It gets worse as petty tyranny rules a greater and greater area. Which is why the smallest most decentralized government is almost always the best.

Worst case Ms. Boneta and other unhappy residents of Fauquier County could sell and move to another county. Inconvenient but that is the way things are supposed to work in the US. If enough productive people leave Fauquier County they might begin to change their ways. If not, it becomes a backwater petty tyranny populated by people who like it that way or who are too lazy to move.

When an entire country is run by meddling petty tyrants it is much harder to find another country to move to.

. . . But documents received under the Freedom of Information Act showed that Boneta is the only farmer in Fauquier County who has ever been cited — even though the county’s own website lists dozens of farms that sell similar products to end-use customers.

Did many business owners grow up with government help in the way of housing assistance, food stamps, and student loans? YES

They certainly did NOT build that success on their own – they’ve had tons of help on the way.

inthemiddle on July 19, 2012 at 12:11 PM

rogerb on August 8, 2012 at 6:39 PMrogerb on August 8, 2012 at 6:39 PM

So if the state helps you survive growing up and loans you the money to pay for your education it henceforth has a claim on everything you produce in your life, even if you pay it back. IOW, the state owns your ass and everything you produce.

How very Marxist socialist indentured servant of the state for life that is.

This kind of stuff is happening every night of the week and it’s almost as common in Republican areas as in liberal idiot municipalities. The impulse to want to control neighbors is outstripping people’s interest in being able to use their own land.

Actual quote from a ZHB member upon voting to reject a proposal to develop some empty scrub land: “I don’t think it’s the best use for the property”. Jawdropping, but I had to keep my mouth shut because my application was up next.

Did many business owners grow up with government help in the way of housing assistance, food stamps, and student loans? YES

They certainly did NOT build that success on their own – they’ve had tons of help on the way.

inthemiddle on July 19, 2012 at 12:11 PM

.rogerb on August 8, 2012 at 6:39 PMrogerb on August 8, 2012 at 6:39 PM
.

So if the state helps you survive growing up and loans you the money to pay for your education it henceforth has a claim on everything you produce in your life, even if you pay it back. IOW, the state owns your ass and everything you produce.

How very Marxist socialist indentured servant of the state for life that is.

farsighted on August 8, 2012 at 6:48 PM

.
It takes a village … IDIOT !

You know what ‘middle? You just keep revealing how disqualified you are for citizenship in this U.S. of A.

Over-regulation and frankly insane regulation is a national and truly bi-partisan issue.

I have a friend who owns 3 restaurants and the ‘inspectors’ regularly cite them for unknown Kafka-esque crimes which of course attract fines. The latest was having only 2 and not 3 sinks in the kitchen of one restaurant.

When the owner pointed out that his other places only had 2 sinks and had passed inspection every single time the ‘inspector’ said well, we will get round to the one in this county and the other inspectors will take care of the other county.

If the local petty tyrants are playing favorites and not applying their rules and regulations equally she has many legal options. But that costs money. She can sue for costs but might not win. Pro Bono organizations might take up her cause without charge.

Also, she can try to mobilize popular opinion in the county against the board. Petty local politicians are very, very sensitive to local uprising against their tyranny.

If that doesn’t work she and other like minded people can use the ballot box.

If that doesn’t work, or if it is not worth the effort, her worst case option is to sell and move.

Petty tyrants bet that most people will not make the effort and will just submit. They are usually right.

60 years of a well laid out plan one step at a time and this is the results. State farms was the goal and removing the option to have your own private farms to sell what and when you want, could not be done in one swipe without blood shed. So do it one regulation at a time and 60 years and 4 generation later you get a fine for a birthday party on your farm, found out when innocent photo is shared.

This will not go away over night but it will not take 60 years to undo it, just the light of day to what the plan is. They will not cause blood to be split to make sure they keep the plan going but they can just go deeper into the bureaucracy and more insidious on what they do to get what they want.

When Obama was extolling the help that small businesses get from others, especially from governments, he forgot to mention the obstacles that overzealous gov officials can throw up to make it hard or harder for individuals to succeed. Such obstacles are one of the main reasons the recovery has been so slow. We all know people who do their best to create failure, and too many of them get jobs in government. The list goes on — from hassling farms in Virginia to harassing the guys at Gibson trying to make the world’s best guitars.

When Obama was extolling the help that small businesses get from others, especially from governments, he forgot to mention the obstacles that overzealous gov officials can throw up to make it hard or harder for individuals to succeed. Such obstacles are one of the main reasons the recovery has been so slow.

donbury on August 8, 2012 at 7:36 PM

Obama believes the state government always knows best in the long run. Just trust the state government and all will be wonderful for everyone. That is, except for those greedy selfish uncaring power-hungry land owners capitalist pigs.

It’s amazing how otherwise conservative people can turn into tyrants over what happens in their backyards. They will rob everyone’s freedom and private property rights to “maintain their community atmosphere.” One a-hole has a loud party and they slap a curfew on everyone. And they really do not see these as “political issues,” they see them as “quality of life issues.” They think being a conservative just means you hate taxes and abortion.

all liberals and odumbo voters….. probably a bunch of liberal farmers that voted those county dictators into office. Liberals…. you get what you deserve. Idiots.
ultracon on August 8, 2012 at 8:02 PM

Did you read the previous posts? This is a heavily conservative area and the county board is made up entirely of “conservative” Republicans.

AngusMc on August 8, 2012 at 9:01 PM

“It” MAY be “a conservative area” but it’s still madness, their behavior.

There are areas in California, Connecticut, New York, the Seattle area and elsewhere who fancy themselves “conservative” based mostly on quality of life standards, which is well and good. But when you have areas such as that behaving in madness toward individual (and harmless) behavior, there’s nothing inherently “conservative” about that.

Zoning Administrator Kimberley Johnson, who issued a cease-and-desist letter to Boneta, found a picture of the birthday party in question on Boneta’s Facebook, citing it as evidence of her wrongdoing.

I’ll probably strike a nerve or two, but tyrants know no party affiliation.

There is a movement in Virginia counties surrounding D.C. to prevent urbanization from creeping into rural counties. In some counties, they are Democrats (to preserve the ecological balance, be green, etc.). In others, they are Republican (to prevent urban growth). In both, their proponents are tyrants.

This is why we must focus on a smaller government of limited powers . . . regardless of party.

I remember reading something an ObamaNut (might have been a Czar- but it was somebody in the government) anyway… this person said something to the effect of “no detail of American’s lives is going to be too small to involve ourselves in… no detail too small to regulate.”

They are out to take over absolutely everything. Everything. They are going to regulate, control, seize, take over, confiscate, harass, tax, fine, tax, seize, regulate, tax. It will not stop. From lemon aid stands to birthday parties to how much water you use to shower with to how you deal with the ants that walk on your kitchen floor.. everything. Get ready for it.

JellyToast on August 8, 2012 at 6:03 PM

They are already doing it.

By the time you are done brushing your teeth in the morning you have encountered over 7000 regulations or regulation driven design choices.

…Orwell weeps: “All animals are equal, but some animals are more equal than others”Animal Farm

Years pass, and the pigs learn to walk upright, carry whips and wear clothes. The Seven Commandments are reduced to a single phrase: “All animals are equal, but some animals are more equal than others”. Napoleon holds a dinner party for the pigs and the humans of the area, who congratulate Napoleon on having the hardest-working but least fed animals in the country. Napoleon announces an alliance with the humans, against the labouring classes of both “worlds”. He abolishes practices and traditions related to the Revolution, and changes the name of the farm to “The Manor Farm”.

The animals, overhearing the conversation, notice that the faces of the pigs have begun changing. During a poker match, an argument breaks out between Napoleon and Mr Pilkington when they both play the Ace of Spades, and the animals realise that the faces of the pigs look like the faces of humans, and no one can tell the difference between them

Democrats? Republicans? – Bah.

They’re all tyrants. Fire them all. Then tax them of all their ill-gotten gains. Ruin them, financially, politically, and socially. Make them pariahs. Then tar and feather them. Then run them out of the city, the county, the state, the country.

Let them starve. That’s ultimately what they want of us, isn’t it? What? – Do you think that the trillions that were stolen from the Middle Class in 2008 was a bug, and not a feature?

Guilty, as charged.

Let their just punishment serve as a warning to all who would consider emulating them.

Here in MD we have SB 236 and PlanMD threatening to take away our development rights. The first impact is from SB 236 which will restricts any new housing to 1 residence per 20 acres for 54% of the county. Our commissioners on a 3-2 vote approved the 54% map and our local TEA Party is fighting them. Although elected as Republicans, they are associated with local no growth environmental groups.

In our county’s case, the development rights could be around 1/3 of the worth of the property based on recent preservation purchases. If the assessment of the property impacted by SB 236 drops, as it should, all property owners in our and in every other MD county would have to pay a higher tax rate and the property taxes for those not owning property that could be developed will see higher taxes to keep the counties’ revenues constant. Even renters will be hit when the lease is renewed because the owner will have much higher property taxes.

This bill is supposedly in violation of our Article 66 B law preventing the state from overriding local zoning codes, but all laws are de facto constitutional so we citizens have to sue our own government to protect our property rights.